NJ 2C:36-2. Use or possession with intent to use drug paraphernalia.

Defending NJ 2C:36-2. Use or possession with intent to use drug paraphernalia.

After you read the following NJ Criminal Statute (Use or possession with intent to use drug paraphernalia) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case. The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor. Call the number above for a free 24×7 phone consultation or read more about the drug paraphernalia charge.

What is the Use or Possession with Intent to Use Drug Paraphernalia?

The drug paraphernalia statute can be written as an add-on to drug offenses or it can even be written if you do not possess any controlled dangerous substances. In general, you can be charged with possession with intent to use drug paraphernalia when you possess anything that can be used to plant, propagate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body any controlled dangerous substance. Some common examples of the materials classified under this statute are smoking devices, storage bags with CDS residue and hypodermic needles.

How Can a Prosecutor Convict Me?

It is particularly easy for the prosecutor to get a conviction under the drug paraphernalia statute if you were also found to be in possession of a controlled dangerous substance. It may still be easy if you were found without a controlled dangerous substance and only the drug paraphernalia. For example, if you are pulled over for a routine traffic stop and a police officer finds a pipe in your car’s ashtray, you could be charged and subsequently convicted of the drug paraphernalia charge based solely on the officer’s testimony and the item being introduced into evidence.

How Can I Defend Against a Drug Paraphernalia Charge?

As previously mentioned, a prosecutor may not have to work that hard to obtain a conviction for drug paraphernalia possession, but there are some possible defenses that are case specific. An experienced defense attorney will go over the facts of your case to determine the best defense for you. The prosecutor must prove that the item was yours and that it was in fact an item used for drug production, storage or introduction into the body. If you can show that you use the item for a legal purpose or that you did not actually possess the item, it could be an absolute defense to the charge.

What Penalties Could I Face?

Possession of drug paraphernalia is a disorderly persons offense in New Jersey. If you are convicted of a disorderly persons offense, you may face penalties such as: a fine of up to $500.00, possible community service and possible jail time. If you are charged with possession of drug paraphernalia, consult an experienced criminal defense attorney. Call Villani & DeLuca today for a free initial consultation.

NJ Statute: 2C:36-2. Use or possession with intent to use, disorderly persons offense.

It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.
Amended 2007, c.31, s.3.